BEVERLY — Questions have emerged about a disabled man's claim that he was forced to engage in sexual acts by a Level 3 sex offender, as the accused's lawyer raised the possibility of an alibi — her client may have been attending a sex offender treatment session at the time.
Wayne Dion, 57, who had been living in a rooming house at 9 Park St. in Beverly before his arrest last week on a rape charge, is now being held on $5,000 cash bail. He had originally been held without bail.
In addition, a judge yesterday declined a request by the probation department to hold Dion without bail on an alleged probation violation for his child rape conviction.
Dion's lawyer, Rebecca Whitehill, told a judge yesterday that she has learned that the same victim made an allegation of sexual abuse against another man in 2001 in Lynn.
The alleged victim told police and prosecutors in that 2001 case that he did not know the alleged perpetrator in that case, but it was later learned that the two men had engaged in a relationship, Whitehill said. Prosecutors eventually decided to drop all charges in the case.
In the current case, the alleged victim, a disabled 36-year-old, told police that Dion had pestered him to engage in sexual activity and that he eventually relented but that Dion then got rough and went beyond what the younger man had agreed to.
Whitehill said she has learned that Dion was attending a sex offender treatment program at the time the man alleged he was assaulted and then went to a Dunkin' Donuts — something she said may be on surveillance tape.
Whitehill went on to suggest that the allegation against Dion was prompted by an argument the two men had gotten into when the disabled man asked for cigarettes and $20 to buy alcohol and Dion turned him down. Whitehill said her investigator has also learned that when police went to Dion's apartment, his prescribed OxyContin was missing.
Dion was still on probation for his child rape and dissemination of obscene material case, which involved two boys in Lynn and was first tried in 1997, not 1977 as the Sex Offender Registry Board had indicated.
Whitehill urged Judge John Lu not to detain Dion for the probation violation because, she said, Dion has not had access to a breathing machine he uses because he suffers from sleep apnea and has not been receiving the same dosages of insulin and other medications he takes.
"He's at risk of dying over a case where there are some very, very serious doubts," Whitehill argued.
Lu ultimately agreed with the defense lawyer, though he told a prosecutor that the question could be raised again if they obtain additional information.
Dion remained in custody yesterday, but Whitehill said it's possible that his family will be able to post his bail soon.
A final violation of probation hearing is scheduled for April 6.
Obama Gives Education Waivers to 10 States
Giffords Aide to Run for Her Seat
LA School in Sex Abuse Scandal Reopens
Winter Slamming North Asia, Parts of Europe
Syrian Forces Renew Bombardment of Homs
States, Banks Reach Foreclosure-abuse Settlement
Raw Video: Italy's Mount Etna Bursts Into Life
Greeks March; Angry Despite Debt Deal
Raw Video: U.S. Pullout Celebration
Raw Video: Annual Empire State Building Run-Up
Man Killed in Courthouse Shootout
Air Force Airlines: Leaders Get Polished Service
Ga Girl Fights Off Kidnapper at Walmart
Nevada Highway Patrol, City Settle Beating Case
Homs Bombardment Continues, Global Outcry Grows
Raw Video: Dog Rescued From Icy Colo. Water
Skip the Coffee Cup and Inhale Your Caffeine Fix
